Sec. 415. Supreme Court Complaints Review Committee
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In this section: The term Review Committee means the Supreme Court Complaints Review Committee. The term close family member includes— a parent of the reporting individual; a spouse of the reporting individual; and an adult child of the reporting individual. For the purpose of assisting the House of Representatives in carrying out its responsibilities under section 2 of article I and section 4 of article II of the Constitution of the United States, there is established in the legislative branch to be known as the Supreme Court Complaints Review Committee under the general supervision of the Committee on the Judiciary of the House of Representatives.
The Review Committee shall consist of 5 members, of whom— 2 shall be appointed by the Speaker of the House of Representatives; 2 shall be appointed by the Minority Leader of the House of Representatives; and 1 shall be appointed by agreement of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives. Each member of the Review Committee shall be an individual of exceptional public standing who is specifically qualified to serve on the Review Committee by virtue of the individual’s education, training, or experience in 1 or more of the following fields:
Constitutional law. Impeachment. Judicial ethics. Professional ethics. Legal history. Judicial service. Selection and appointment of each member of the Review Committee shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Review Committee. Each member of the Review Committee shall be a United States citizen. No individual shall be eligible for appointment to, or service on, the Review Committee who— has ever been registered, or required to be registered, as a lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ); engages in, or is otherwise employed in, lobbying of the Congress; is registered or is required to be registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); is a currently serving judge, justice, or employee of the Federal courts; is an officer or employee of the Federal Government; is a close family member of any judge or justice of the Federal courts; during the 4 years preceding the date of appointment, engaged in any significant political activity (including being a candidate for public office, fundraising for a candidate for public office or a political party, or serving as an officer or employee of a political campaign or party); during the 2 years preceding the date of appointment, served as a fiduciary or personal attorney for a judge, justice, or employee of the Federal courts, including any judge or justice; or any currently serving Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.
The term of a member of the Review Committee shall be for 2 Congresses. A member of the Review Committee may not serve during 4 consecutive Congresses. A member of the Review Committee may be removed upon unanimous agreement among the Speaker and the Minority Leader of the House of Representatives or by an affirmative vote of 2/3 of the members of the Committee on the Judiciary of the House of Representatives. Any vacancy on the Review Committee shall be filled for the unexpired portion of the term in the same manner, and by the same appointing authority, as the original appointment under paragraph (2).
The members of the Review Committee shall elect a chairperson and a vice chairperson of the Review Committee by a majority vote. The chairperson and the vice chairperson shall serve a 1-year term, and may be reelected for additional 1-year terms. The chairperson of the Review Committee shall preside at the meetings of the Review Committee, and the vice chairperson shall preside in the absence or disability of the chairperson. A majority of the members of the Review Committee shall constitute a quorum.
The Review Committee shall meet at the call of the chairperson, the chair of the Committee on the Judiciary of the House of Representatives, or the call of a majority of its members, pursuant to the rules of the Review Committee. Except as otherwise specifically provided, a majority vote of the Review Committee under this subtitle shall require an affirmative vote of 3 or more members. A member of the Review Committee shall not be considered to be an officer or employee of the House or Senate, but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for GS–15 of the General Schedule under section 5107 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Review Committee.
The Review Committee shall review each complaint made against the Chief Justice of the United States or a Justice of the Supreme Court of the United States through the review process described in subsection (m). The Review Committee may hold such hearings as are necessary and may sit and act only in executive session at such times and places, solicit such testimony, and receive such relevant evidence, as may be necessary to carry out its duties. Each member of the Review Committee shall file an annual financial disclosure report with the Clerk of the House of Representatives on or before May 15 of each calendar year immediately following any year in which the member served on the Review Committee.
Each such report shall be on a form prepared by the Clerk that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.). The Clerk of the House of Representatives shall— not later than 7 days after the date each financial disclosure report under paragraph
(1)is filed, send a copy of each such report to the Committee on the Judiciary of the House of Representatives; and annually print all such financial disclosure reports as a document of Congress, and make the document available to the public. The Review Committee is authorized— to establish a process for receiving and reviewing complaints from any person regarding allegations of misconduct by a Justice of the Supreme Court of the United States; to conduct a review of material complaints regarding alleged misconduct by a Justice of the Supreme Court of the United States; and in any case where the Review Committee determines, on the basis of the review described in subsection (m), that a Justice may have engaged in conduct which might violate the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States or constitute 1 or more grounds for impeachment under article II of the Constitution of the United States, or which, in the interest of justice, is not amenable to resolution by the Review Committee, the Review Committee shall promptly certify such determination, together with any complaint and a record of any associated proceedings to the Committee on the Judiciary of the House of Representatives. Upon a majority vote of the Review Committee, the Review Committee may refer potential legal violations committed by a justice to the Department of Justice or other relevant Federal or State law enforcement officials, which referral shall include all appropriate evidence gathered during any review or preliminary investigation conducted under this subtitle. The Review Committee shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of all referrals under this subsection. No review may be undertaken by the Review Committee of any complaint— that is directly related to the merits of a decision or procedural ruling; that is frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations that are incapable of being established through investigation; concerning any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation; or concerning any alleged violation that occurred before the date of enactment of this Act. No information obtained by a member or employee of the Review Committee regarding complaints shall be publicly disclosed to any person or entity outside the Review Committee, unless approved by a majority vote of the Review Committee. Any communication to any person or entity outside the Review Committee may occur only as authorized by the Review Committee. The Review Committee shall establish, in consultation with relevant agencies, procedures necessary to prevent the unauthorized disclosure of any information received by the Review Committee. Any breaches of confidentiality shall be investigated by the Review Committee and appropriate action shall be taken, which may include a recommendation to Congress for removal pursuant to subsection (c)(3)(C). Paragraph
(1)shall not preclude— any member or employee of the Review Committee from presenting a report or findings of the Committee, or testifying before the Committee on the Judiciary of the House of Representatives, if requested by the Committee on the Judiciary of the House of Representatives pursuant to its rules; any necessary communication with the Department of Justice or any other law enforcement agency; or any necessary communication with the Speaker or Minority Leader of the House of Representatives or the Majority Leader or Minority Leader of the Senate. Before the Review Committee votes on a recommendation or statement to be transmitted to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall provide the justice whose conduct is the subject of the complaint the opportunity to present, orally or in writing (at the discretion of the justice), a statement to the Review Committee. Whenever the Review Committee transmits any report to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall designate a member or employee of the Review Committee to present the report to the House Judiciary Committee if requested by the Committee on the Judiciary of the House of Representatives. The Review Committee shall receive, and maintain, a copy of each report filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) by a Justice of the Supreme Court of the United States. Any person, including a judge, justice, or employee of the courts of the United States may file with the Review Committee a complaint alleging a violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. Any complaint submission under paragraph
(1)shall include a signed statement acknowledging that the person submitting the allegation or information understands that section 1001 of title 18, United States Code (popularly known as the False Statements Act ) applies to the information. After receiving a complaint under paragraph (1), the Review Committee may, by majority vote, authorize a review under subparagraph
(B)of any alleged violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. The authorization under clause
(i)shall— be in writing; and include a brief description of the specific matter and an explanation of why allegations in the complaint meet the criteria in subsection (i)(3). After the date on which the Review Committee makes an authorization under subparagraph (A), the Review Committee shall— initiate a review of the alleged violation; and provide a written notification of the commencement of the review, including a statement of the nature of the review, to— the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and the justice who is the subject of the review. At any time, the Review Committee may, by a majority vote, terminate a review on any ground, including that the matter under review is de minimis in nature. If the Review Committee votes to terminate the review, the Committee shall— notify, in writing, the complainant, the justice who was the subject of the review, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives of its decision to terminate the review of the matter; and send a report, including any findings of the Review Committee, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. During a review, the Review Committee shall evaluate the complaint and determine, based on a majority vote, whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States. Upon the completion of any review, the Review Committee shall— transmit to the Committee on the Judiciary of the House of Representatives a written report that includes— a statement of the nature of the review and the justice who is the subject of the review; the Review Committee’s determination under paragraph (3); a description of the number of members voting in the affirmative and in the negative for the Review Committee’s determination under paragraph (3)(C); any relevant findings of the Review Committee, including— any findings of fact; a description of any relevant information that the Review Committee was unable to obtain or witnesses whom the Review Committee was unable to interview, and the reasons therefor; and a citation of any relevant law, regulation, or standard of conduct relating to the alleged misconduct; any supporting documentation; and a written determination of whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States; and transmit to the complainant and the justice who is the subject of the review the written report of the Review Committee described in clause (i). If the Review Committee determines, after a review, that misconduct alleged in a complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States, not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives a report under subsection (m), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. Notwithstanding any other provision of this section, upon receipt of a written request from the Committee on the Judiciary of the House of Representatives that the Review Committee cease its review of any matter and refer such matter to the Committee on the Judiciary of the House of Representatives because of the ongoing investigation of the matter by the Committee on the Judiciary of the House of Representatives, the Review Committee shall refer such matter to the Committee on the Judiciary of the House of Representatives, cease its review of that matter and so notify any justice who is the subject of the review. If the Committee on the Judiciary of the House of Representatives notifies the Review Committee in writing that the Review Committee may continue its review of the complaint, the Review Committee may begin or continue, as the case may be, a review of the matter. Nothing in this subsection shall be construed to prevent the Review Committee from sending any information regarding the matter to law enforcement agencies. Members or employees of the Review Committee may, during a review— administer to or take from any person an oath, affirmation, or affidavit; obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; take the deposition of witnesses; and submit to the chair of the Committee on the Judiciary of the House of Representatives a request for the Committee on the Judiciary of the House of Representatives to require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, paper, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Review Committee is authorized to review from any individual or entity, which— shall be handled in accordance with the rules of the Committee on the Judiciary of the House of Representatives; and may allow for the transmission of information or testimony between the Review Committee and the Committee on the Judiciary of the House of Representatives, in accordance with the rules of the Committee on the Judiciary of the House of Representatives. There shall be no ex parte communications between any member or employee of the Review Committee and any justice who is the subject of any review by the Review Committee or between any member of the Review Committee and any interested party. The Review Committee is authorized to establish any additional rules or procedures pursuant to its duties and powers in paragraph
(1)necessary to carry out the functions of the Review Committee in accordance with this section. The Review Committee may appoint and fix the compensation of such professional, nonpartisan staff (including staff with relevant experience in investigations and law enforcement) of the Review Committee as it considers necessary to perform its duties, who— shall perform all official duties in a nonpartisan manner; and may not engage in any partisan political activity directly affecting any congressional or Presidential election, or any nomination of a Federal judge or justice. Each employee of the Review Committee shall be professional and demonstrably qualified for the position for which the employee is hired. The employment of an employee of the Review Committee may be terminated at any time by the Review Committee. The Review Committee shall establish a code of conduct to govern the behavior of the members or employees of the Review Committee, which shall include the avoidance of conflicts of interest. There is authorized to be appropriated to carry out this section such sums as may be necessary.
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